A/HRC/34/20
promptly operationalized and linked to other transitional justice mechanisms. A credible,
trustworthy and accessible institution will serve as a litmus test for any future transitional
justice mechanism.
18.
In an oral update to the Human Rights Council, at the thirty-second session, in June
2016, the High Commissioner welcomed the ratification by Sri Lanka of the International
Convention for the Protection of All Persons from Enforced Disappearance, on 25
May.7The enabling legislation to domesticate the Convention in national law and the
criminalization of enforced disappearances in the Penal Code are, however, still pending. It
is important that this legislation be enacted by the time the Office of Missing Persons
becomes functional. In August 2016, Parliament approved an act – the Registration of
Deaths (Temporary Provisions) (Amendment) Act, No. 16 – providing for the issuance of
“certificates of absence”, which had been a recurrent demand from families of the
disappeared. The act was certified on 7 September.
19.
OHCHR is aware that different technical working groups have made progress in the
design of a truth commission and of a reparations programme, and that draft legislation for
them could be ready in early 2017. The United Nations system has supported the Secretariat
for Coordinating Reconciliation Mechanisms with expert capacity and assisted it to advance
the development of conceptual frameworks.
20.
Civil society and other stakeholders have, however, expressed their concern at the
slow rate of progress and the lack of transparency with regard to the technical groups, their
mandate and composition, and whether sufficient coordination exists among the groups, the
Secretariat for Coordinating Reconciliation Mechanisms and other government bodies
working on reconciliation, particularly in the absence of a comprehensive transitional
justice strategy. Information on the linkages among the different technical preparatory
processes and the national consultations process is also scarce. The technical working
groups should pay due attention to the needs and expectations of victims and civil society,
as reflected in the report of the Consultation Task Force, to bring the technical work
implied in the design of complex systems into line with them. OHCHR considers that
consultations should not be a one-off technical exercise but a continued and integral
component of transitional justice, including at the various stages of conceptualization and
legislative development. It is also vital that the Government ensure public communication
about transitional justice in a more transparent manner.
21.
The Presidential Commission to Investigate into Complaints regarding Missing
Persons (also known as the Paranagama Commission), which was appointed by the
previous Government, completed its mandate in July 2016 and presented its final report on
12 August. The Commission did not succeed in gaining the trust of victims, and was
criticized by civil society. Despite its perceived shortcomings (see A/HRC/30/61, paras, 6064), there is value in some of its findings and recommendations. The results also illustrate,
however, the limited impact of ad hoc commissions if not tethered to a comprehensive
strategy.
22.
Giving institutional expression to the different elements of a transitional justice
strategy is a challenging and often lengthy process. While the establishment of some
elements might be more rapid than others, a comprehensive strategy contributes to ensuring
that some progress is made in all pillars of that strategy, enhances coordination and followup, and identifies challenges and obstacles. The Government appears to have prioritized the
design of the truth and reparations aspects, with little commitment to the establishment of a
7
6
See A/HRC/32/CRP.4, para. 30.
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